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General Assembly Raised Bill No. 7143
January Session, 2025
LCO No. 3606
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT PROHIBITING THE USE OF EMINENT DOMAIN FOR
CERTAIN COMMERCIAL PURPOSES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (1) of subsection (a) of section 8-127a of the 1
general statutes is repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2025, and applicable to property acquired on or 3
after October 1, 2025): 4
(a) (1) No real property may be acquired by a redevelopment agency 5
by eminent domain pursuant to section 8-128 under a redevelopment 6
plan under this chapter for the primary purpose of increasing local tax 7
revenue or any purpose that produces income from such real property 8
for a private entity. 9
Sec. 2. Subdivision (3) of section 8-125 of the general statutes is 10
repealed and the following is substituted in lieu thereof (Effective October 11
1, 2025, and applicable to property acquired on or after October 1, 2025): 12
(3) A "redevelopment plan" means a plan that includes: (A) (i) A 13
description of the redevelopment area and the condition, type and use 14
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of the structures therein, and (ii) specification of each parcel proposed 15
to be acquired, including parcels to be acquired by eminent domain; (B) 16
the location and extent of the land uses, other than for any purpose that 17
produces income from any such parcel acquired by eminent domain for 18
a private entity, proposed for and within the redevelopment area, such 19
as housing, recreation, business, industry, schools, civic activities, open 20
spaces or other categories of public and private uses; (C) the location 21
and extent of streets and other public utilities, facilities and works 22
within the redevelopment area; (D) schedules showing the number of 23
families displaced by the proposed improvement, the method of 24
temporary relocation of such families and the availability of sufficient 25
suitable living accommodations at prices and rentals within the 26
financial reach of such families and located within a reasonable distance 27
of the area from which such families are displaced; (E) present and 28
proposed zoning regulations in the redevelopment area; (F) a 29
description of how the redevelopment area is deteriorated, 30
deteriorating, substandard or detrimental to the safety, health, morals 31
or welfare of the community; and (G) any other detail including 32
financial aspects of redevelopment which, in the judgment of the 33
redevelopment agency authorized herein, is necessary to give it 34
adequate information; 35
Sec. 3. Subsection (b) of section 8-127 of the general statutes is 36
repealed and the following is substituted in lieu thereof (Effective October 37
1, 2025): 38
(b) Before approving any redevelopment plan, the redevelopment 39
agency shall hold a public hearing on the plan, notice of which shall be 40
published at least twice in a newspaper of general circulation in the 41
municipality, the first publication of notice to be not less than two weeks 42
before the date set for the hearing. At least thirty-five days prior to any 43
public hearing, the redevelopment agency shall post the plan on the 44
Internet web site of the redevelopment agency, if any. The 45
redevelopment agency may approve any such redevelopment plan if, 46
following such hearing, it finds that: (1) The area in which the proposed 47
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redevelopment is to be located is a redevelopment area; (2) the carrying 48
out of the redevelopment plan will result in materially improving 49
conditions in such area; (3) sufficient living accommodations are 50
available within a reasonable distance of such area or are provided for 51
in the redevelopment plan for families displaced by the proposed 52
improvement, at prices or rentals within the financial reach of such 53
families; (4) the redevelopment plan is satisfactory as to site planning, 54
relation to the plan of conservation and development of the 55
municipality adopted under section 8-23 and, except when the 56
redevelopment agency has prepared the redevelopment plan, the 57
construction and financial ability of the redeveloper to carry it out; (5) 58
the planning agency has issued a written opinion in accordance with 59
subsection (a) of this section that the redevelopment plan is consistent 60
with the plan of conservation and development of the municipality 61
adopted under section 8-23; and (6) (A) public benefits resulting from 62
the redevelopment plan will outweigh any private benefits; (B) existing 63
use of the real property cannot be feasibly integrated into the overall 64
redevelopment plan for the project; (C) acquisition by eminent domain 65
is reasonably necessary to successfully achieve the objectives of such 66
redevelopment plan; and (D) the redevelopment plan is not for the 67
primary purpose of increasing local tax revenues or any purpose that 68
produces income from such real property for a private entity. No 69
redevelopment plan for a project that consists predominantly of 70
residential facilities shall be approved by the redevelopment agency in 71
any municipality having a housing authority organized under the 72
provisions of chapter 128 except with the approval of such housing 73
authority. 74
Sec. 4. Subdivision (1) of subsection (b) of section 8-193 of the general 75
statutes is repealed and the following is substituted in lieu thereof 76
(Effective October 1, 2025, and applicable to property acquired on or after 77
October 1, 2019): 78
(b) (1) The development agency may, with the approval of the 79
legislative body in accordance with this subsection, and in the name of 80
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the municipality, acquire by eminent domain real property located 81
within the project area and real property and interests therein for rights-82
of-way and other easements to and from the project area, in the same 83
manner that a redevelopment agency may acquire real property under 84
sections 8-128 to 8-133, inclusive, as if said sections specifically applied 85
to development agencies, except that no real property may be acquired 86
by eminent domain pursuant to this subsection for the primary purpose 87
of increasing local tax revenue or any purpose that produces income 88
from such real property for a private entity. 89
Sec. 5. Section 8-187 of the general statutes is repealed and the 90
following is substituted in lieu thereof (Effective October 1, 2025): 91
As used in this chapter, (1) "municipality" means a town, city, 92
consolidated town and city or consolidated town and borough; (2) 93
"legislative body" means (A) the board of selectmen in a town that does 94
not have a charter, special act or home rule ordinance relating to its 95
government or (B) the council, board of aldermen, representative town 96
meeting, board of selectmen or other elected legislative body described 97
in a charter, special act or home rule ordinance relating to government 98
in a city, consolidated town and city, consolidated town and borough or 99
a town having a charter, special act, consolidation ordinance or home 100
rule ordinance relating to its government; (3) "development agency" 101
means the agency designated by a municipality under section 8-188 102
through which the municipality may exercise the powers granted under 103
this chapter; (4) "development project" means a project conducted by a 104
municipality for the assembly, improvement and disposition of land or 105
buildings or both to be used principally for industrial or business 106
purposes and includes vacated commercial plants; (5) "vacated 107
commercial plants" means buildings formerly used principally for 108
business or industrial purposes of which more than fifty per cent of the 109
usable floor space is, or which it is anticipated, within eighteen months, 110
shall be, unused or substantially underutilized; (6) "project area" means 111
the area within which the development project is located; (7) 112
"commissioner" means the Commissioner of Economic and Community 113
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Development; (8) "planning commission" means the planning and 114
zoning commission designated pursuant to section 8-4a or the planning 115
commission created pursuant to section 8-19; (9) "real property" means 116
land, subterranean or subsurface rights, structures, any and all 117
easements, air rights and franchises and every estate, right or interest 118
therein; and (10) "business purpose" includes, but is not limited to, any 119
commercial, financial or retail enterprise, [and includes] including any 120
enterprise which promotes tourism, [and any] but excludes any real 121
property that produces income for a private entity. 122
Sec. 6. Subsection (a) of section 8-189 of the general statutes is 123
repealed and the following is substituted in lieu thereof (Effective October 124
1, 2025, and applicable to property acquired on or after October 1, 2025): 125
(a) The development agency may initiate a development project by 126
preparing a project plan in accordance with regulations adopted by the 127
commissioner pursuant to section 8-198. The project plan shall meet an 128
identified public need and include: (1) A legal description of the land 129
within the project area; (2) a description of the present condition and 130
uses of such land or building; (3) a description of the process utilized by 131
the agency to prepare the plan and a description of alternative 132
approaches considered to achieve project objectives; (4) a description of 133
the types and locations of land uses or building uses proposed for the 134
project area; (5) a description of the types and locations of present and 135
proposed streets, sidewalks and sanitary, utility and other facilities and 136
the types and locations of other proposed site improvements; (6) 137
statements of the present and proposed zoning classification and 138
subdivision status of the project area and the areas adjacent to the 139
project area; (7) a plan for relocating project-area occupants; (8) a 140
financing plan; (9) an administrative plan; (10) a marketability and 141
proposed land-use study or building use study if required by the 142
commissioner; (11) appraisal reports and title searches; (12) a 143
description of the public benefits of the project including, but not limited 144
to, (A) the number of jobs which the development agency anticipates 145
would be created by the project; (B) the estimated property tax benefits; 146
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(C) the number and types of existing housing units in the municipality 147
in which the project would be located, and in contiguous municipalities, 148
which would be available to employees filling such jobs; (D) a general 149
description of infrastructure improvements, including public access, 150
facilities or use, that the development agency anticipates may be needed 151
to implement the development plan; (E) a general description of the 152
development agency's goals for blight remediation or, if known, 153
environmental remediation; (F) a general description of any aesthetic 154
improvements that the development agency anticipates may be 155
generated by the project; (G) a general description of the project's 156
intended role in increasing or sustaining market value of land in the 157
municipality; (H) a general description of the project's intended role in 158
assisting residents of the municipality to improve their standard of 159
living; and (I) a general statement of the project's role in maintaining or 160
enhancing the competitiveness of the municipality; (13) findings that 161
(A) the land and buildings within the project area will be used 162
principally for industrial or business purposes; (B) the plan is in 163
accordance with the plan of conservation and development for the 164
municipality adopted by its planning commission under section 8-23, 165
and the plan of development of the regional council of governments 166
adopted under section 8-35a, if any, for the region within which the 167
municipality is located; (C) the plan was prepared giving due 168
consideration to the state plan of conservation and development 169
adopted under chapter 297 and any other state-wide planning program 170
objectives of the state or state agencies as coordinated by the Secretary 171
of the Office of Policy and Management; and (D) the project will 172
contribute to the economic welfare of the municipality and the state; and 173
that to carry out and administer the project, public action under this 174
chapter is required; and (14) a preliminary statement describing the 175
proposed process for acquiring each parcel of real property, including 176
findings that (A) public benefits resulting from the development plan 177
will outweigh any private benefits; (B) existing use of the real property 178
cannot be feasibly integrated into the overall development plan for the 179
project; (C) acquisition by eminent domain is reasonably necessary to 180
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successfully achieve the objectives of such development plan; and (D) 181
the development plan is not for the primary purpose of increasing local 182
tax revenues or for any purpose that produces income from such real 183
property for a private entity. Any plan that has been prepared by a 184
redevelopment agency under chapter 130 may be submitted by the 185
development agency to the legislative body and to the commissioner for 186
approval in lieu of a plan initiated and prepared in accordance with this 187
section, provided all other requirements of this chapter for obtaining the 188
approval of the commissioner of the project plan are satisfied. 189
Sec. 7. Subdivision (1) of subsection (i) of section 32-224 of the general 190
statutes is repealed and the following is substituted in lieu thereof 191
(Effective October 1, 2025, and applicable to property acquired on or after 192
October 1, 2025): 193
(i) (1) The implementing agency may, with the approval of the 194
legislative body of the municipality, and in the name of the 195
municipality, condemn in accordance with section 8-128 to 8-133, 196
inclusive, any real property necessary or appropriate for the project as 197
identified in the development plan, including real property and 198
interests in land for rights-of-way and other easements to and from the 199
project area, except that no real property may be condemned pursuant 200
to this subsection for the primary purpose of increasing local tax 201
revenue or for any purpose that produces income from such real 202
property for a private entity. 203
Sec. 8. Subsection (a) of section 32-222 of the general statutes is 204
repealed and the following is substituted in lieu thereof (Effective October 205
1, 2025, and applicable to property acquired on or after October 1, 2025): 206
(a) "Business development project" means a project undertaken by an 207
eligible applicant involving one or more of the following: 208
(1) The construction, substantial renovation, improvement or 209
expansion of a facility; 210
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(2) The acquisition of new machinery and equipment; 211
(3) The acquisition, other than by condemnation for any purpose that 212
produces income for a private entity, improvement, demolition, 213
cultivation or disposition of real property, or combinations thereof, or 214
the remediation of contaminated real property; 215
(4) The creation at a facility, within twenty-four months of the 216
initiation of a hiring program, not less than ten new jobs or an increase 217
in the number of persons employed at the facility of twenty per cent, 218
whichever is greater; 219
(5) Economic diversification of the economy of an area of the state or 220
manufacturing or other economic base business where such area or 221
business is substantially reliant upon defense and related industry; 222
(6) Participation in the avoidance of an imminent plant closing or 223
relocation by a manufacturing or other economic base business or assist 224
or improve the economy of an area of the state which has been or is 225
likely to be significantly and adversely impacted by one or more major 226
plant closings or relocations; 227
(7) Support research and development or commercialization of 228
technologies, products, processes or techniques of a manufacturing or 229
other economic base business; 230
(8) Creation or support of organizations and activities specifically 231
leveraging federal resources that provide technical and engineering 232
assistance to small manufacturers or other economic base businesses to 233
assist them with the design, testing, manufacture and marketing of new 234
products, the exporting of state products and services, and the 235
instruction and implementation of new techniques and technologies; 236
(9) Support of substantial workforce development efforts; 237
(10) Promotion of community conservation or development or 238
improvement of the quality of life for urban residents of the state; 239
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(11) Promotion of the revitalization of underutilized, state-owned 240
former railroad depots and areas adjacent to such depots; or 241
(12) Promotion of export activities, including sponsorship of 242
programs that support exportation, assistance to companies in accessing 243
federal Department of Commerce services, and provision of marketing 244
materials and web site improvements for exporters; 245
Sec. 9. Subsection (b) of section 32-224 of the general statutes is 246
repealed and the following is substituted in lieu thereof (Effective October 247
1, 2025, and applicable to property acquired on or after October 1, 2025): 248
(b) The implementing agency may initiate a municipal development 249
project by preparing and submitting a development plan to the 250
commissioner. Such plan shall meet an identified public need and 251
include: (1) A legal description of the real property within the 252
boundaries of the project area; (2) a description of the present condition 253
and uses of such real property; (3) a description of the process utilized 254
by the agency to prepare the plan and a description of alternative 255
approaches considered to achieve project objectives; (4) a description of 256
the types and locations of land uses or building uses proposed for the 257
project area; (5) a description of the types and locations of present and 258
proposed streets, sidewalks and sanitary, utility and other facilities and 259
the types and locations of other proposed project improvements; (6) 260
statements of the present and proposed zoning classification and 261
subdivision status of the project area and the areas adjacent to the 262
project area; (7) a plan for relocating project area occupants; (8) a 263
financing plan; (9) an administrative plan; (10) an environmental 264
analysis, marketability and proposed land use study, or building use 265
study if required by the commissioner; (11) appraisal reports and title 266
searches if required by the commissioner; (12) a description of the public 267
benefit of the project, including, but not limited to, (A) the number of 268
jobs which the implementing agency anticipates would be created or 269
retained by the project, (B) the estimated property tax benefits, (C) the 270
number and types of existing housing units in the municipality in which 271
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the project would be located, and in contiguous municipalities, which 272
would be available to employees filling such jobs, (D) a general 273
description of infrastructure improvements, including public access, 274
facilities or use, that the implementing agency anticipates may be 275
needed to implement the development plan, (E) a general description of 276
the implementing agency's goals for blight remediation or, if known, 277
environmental remediation, (F) a general description of any aesthetic 278
improvements that the implementing agency anticipates may be 279
generated by the project, (G) a general description of the project's 280
intended role in increasing or sustaining market value of land in the 281
municipality, (H) a general description of the project's intended role in 282
assisting residents of the municipality to improve their standard of 283
living, and (I) a general statement of the project's role in maintaining or 284
enhancing the competitiveness of the municipality; (13) a finding that 285
(A) the land and buildings within the boundaries of the project area will 286
be used principally for manufacturing or other economic base business 287
purposes or business support services; (B) the plan is in accordance with 288
the plan of conservation and development for the municipality, if any, 289
adopted by its planning commission under section 8-23, and the plan of 290
development of the regional council of governments adopted under 291
section 8-35a, if any, for the region within which the municipality is 292
located; (C) the plan was prepared giving due consideration to the state 293
plan of conservation and development adopted under chapter 297 and 294
other state-wide planning program objectives of the state or state 295
agencies as coordinated by the Secretary of the Office of Policy and 296
Management; and (D) the project will contribute to the economic 297
welfare of the municipality and the state and that to carry out and 298
administer the project, public action under sections 32-220 to 32-234, 299
inclusive, is required; and (14) a preliminary statement describing the 300
proposed process for acquiring each parcel of real property, including 301
findings that (A) public benefits resulting from the plan will outweigh 302
any private benefits; (B) existing use of the real property cannot be 303
feasibly integrated into the overall plan for the project; (C) acquisition 304
by eminent domain is reasonably necessary to successfully achieve the 305
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objectives of such plan; and (D) the plan is not for the primary purpose 306
of increasing local tax revenues or for any purpose that produces income 307
from such parcel for a private entity. The provisions of this subsection 308
with respect to submission of a development plan to and approval by 309
the commissioner and with respect to a finding that the plan was 310
prepared giving due consideration to the state plan of conservation and 311
development and state-wide planning program objectives of the state or 312
its agencies shall not apply to a project for which no financial assistance 313
has been given and no application for financial assistance is to be made 314
under section 32-223. Any plan that has been prepared under chapters 315
130, 132 or 588a may be submitted by the implementing agency to the 316
legislative body of the municipality and to the commissioner in lieu of a 317
plan initiated and prepared in accordance with this section, provided all 318
other requirements of sections 32-220 to 32-234, inclusive, for obtaining 319
the approval of the commissioner of the development plan are satisfied. 320
Any action taken in connection with the preparation and adoption of 321
such plan shall be deemed effective to the extent such action satisfies the 322
requirements of said sections. 323
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025, and
applicable to property
acquired on or after
October 1, 2025
8-127a(a)(1)
Sec. 2 October 1, 2025, and
applicable to property
acquired on or after
October 1, 2025
8-125(3)
Sec. 3 October 1, 2025 8-127(b)
Sec. 4 October 1, 2025, and
applicable to property
acquired on or after
October 1, 2019
8-193(b)(1)
Sec. 5 October 1, 2025 8-187
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Sec. 6 October 1, 2025, and
applicable to property
acquired on or after
October 1, 2025
8-189(a)
Sec. 7 October 1, 2025, and
applicable to property
acquired on or after
October 1, 2025
32-224(i)(1)
Sec. 8 October 1, 2025, and
applicable to property
acquired on or after
October 1, 2025
32-222(a)
Sec. 9 October 1, 2025, and
applicable to property
acquired on or after
October 1, 2025
32-224(b)
Statement of Purpose:
To prohibit municipalities from exercising the use of eminent domain
for any purpose that produces income for a private, commercial entity.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]